The Fisheries Act 2020 (Scheme for Financial Assistance) Regulations (Northern Ireland) 2024

PART 3 N.I. Payments of grants by the Department

Interpretation N.I.

3.—(1) In this Part—

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“excluded activity or cost” means an activity or a cost specified in regulation 5;

“notify” means notify in writing, and any reference to a “notice” or “notification” is to a notice or notification given in writing; and

“writing” includes electronic communications within the meaning of section 4 (interpretation) of the Electronic Communications Act (Northern Ireland) 2001(1).

Commencement Information

I1 Reg. 3 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Payments by the Department N.I.

4.—(1) The Department may, in accordance with this scheme, pay grants for any of the purposes specified in paragraph 3(1) of Schedule 6 to the Fisheries Act 2020.

(2) The Department may only pay a grant under paragraph (1)—

(a) in relation to Northern Ireland;

(b) in relation to the Northern Ireland zone; or

(c) in relation to a Northern Ireland fishing boat or Northern Ireland fishing boats.

(3) The Department must not pay a grant under paragraph (1) for an excluded activity or cost.

Commencement Information

I2 Reg. 4 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Excluded activities and costs N.I.

5.—(1) The following activities and costs are excluded from this scheme—

(a) increasing the fishing capacity of a fishing boat;

(b) building, purchasing or acquiring a fishing boat;

(c) importing a fishing boat into the United Kingdom;

(d) activities which the applicant, or any other person associated with the same project, has a statutory duty to undertake;

(e) interest on a debt;

(f) any cost that could be recovered in part or in full under an insurance policy;

(g) any cost which has been recovered in part or in full as a result of damages having been awarded in civil proceedings, or an agreement having been reached in settlement of a legal claim.

(2) In this regulation—

“project” means a project to which an application for a grant under this scheme relates; and

“fishing capacity” has the same meaning as in Article 4 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy(2).

Commencement Information

I3 Reg. 5 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Advertisement of grants and guidance N.I.

6.  The Department must—

(a) advertise the grants available under this scheme; and

(b) provide guidance notes for completing applications.

Commencement Information

I4 Reg. 6 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Application for a grant N.I.

7.—(1) An application for a grant under this scheme must be made in a form approved, and submitted in a manner specified, by the Department.

(2) An application must supply all the information specified.

(3) The application must be made within any specified time limit.

(4) In this regulation, “specified” means specified in such form or on any documentation provided by the Department with or in connection with this Scheme.

Commencement Information

I5 Reg. 7 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Decision and notification N.I.

8.—(1) The Department must—

(a) decide whether to approve an application unconditionally, to refuse or reject it or to approve it subject to such conditions it may determine; and

(b) notify the applicant of the decision made under sub-paragraph (a).

Commencement Information

I6 Reg. 8 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Review of Decision N.I.

9.—(1) A person may apply to the Department for a review of a decision in relation to this Scheme in accordance with this Regulation.

(2) An application for review must be made to the Department no later than one month from the date of the notification of the decision to be reviewed.

(3) An application for review shall be in writing and shall specify—

(a) the name and address of the person applying for the review;

(b) the decision of the Department in respect of which the application for review is made and its date; and

(c) full particulars of the grounds upon which a review of the decision is sought.

(4) Where an application for review is made the Department shall review the decision.

(5) In reviewing a decision the Department may—

(a) consider any document or other evidence produced by the person (whether or not that document or evidence was available at the time of the decision);

(b) invite the person to provide such information relevant to the review as the applicant considers appropriate; and

(c) give the person, or their representative, an opportunity to make representations orally or in writing.

(6) Following a review of the decision the Department may—

(a) confirm the decision; or

(b) substitute for it a new decision.

(7) As soon as reasonably practicable after reviewing the decision, the Department must notify the person in writing of its decision and the reasons for it.

Commencement Information

I7 Reg. 9 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Evidence of expenditure etc. N.I.

10.—(1) The Department must not make a payment to a person under this scheme unless it is satisfied that the person has properly incurred, or will properly incur, expenditure of a kind in respect of which the grant is payable and has complied, or will comply, with any conditions of the approval of the grant.

(2) For the purposes of paragraph (1), the Department may require the person to provide information evidencing expenditure or any necessary actions relating to the grant.

Commencement Information

I8 Reg. 10 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Method of payment N.I.

11.  The Department may decide to pay a grant under this scheme in a single instalment or in a number of instalments.

Commencement Information

I9 Reg. 11 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Records, inspection and notification of changes N.I.

12.  It is a condition of the payment of any grant that the person to whom the payment is made must—

(a) make a record of all payments of grant made and all expenditure in respect of which such payments are made;

(b) keep any record referred to in sub-paragraph (a) for at least six years after the date on which the last payment was made;

(c) upon reasonable notice by the Department, make any record referred to in sub-paragraph (a) available for inspection; and

(d) notify the Department as soon as reasonably practicable of any material change in circumstances that is relevant to the payment of the grant.

Commencement Information

I10 Reg. 12 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Variation, suspension and revocation of approval N.I.

13.—(1) The Department may, at any time before the grant has been paid in full, suspend or revoke the approval, or vary a condition of the approval.

(2) Where the Department has decided to suspend or revoke the approval or vary a condition of the approval, it must notify the person to whom the approval relates of the decision.

Commencement Information

I11 Reg. 13 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Notice of recovery of payment N.I.

14.—(1) The Department may give notice to require the repayment of any part of a grant paid to a person under this scheme.

(2) Before giving notice under paragraph (1), the Department must be satisfied that—

(a) the approved application in respect of which the payment of grant was made, or any supporting information provided by the applicant in relation to it, contained information that was inaccurate or misleading;

(b) any sum paid by way of grant was used for any purpose other than the purpose for which it was paid; or

(c) any condition subject to which the application was approved, or the grant was paid, has not been or will not be complied with.

(3) A notice given under paragraph (1) must require the person to repay the sum specified in the notice within a period so specified, being no less than 28 days from the date on which the notice is issued.

(4) Where any part of the sum specified in a notice under paragraph (1) is not repaid within the period specified in the notice, the Department may recover such amount as remains outstanding summarily as a civil debt.

Commencement Information

I12 Reg. 14 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Enforcement N.I.

15.  An officer of the Department has an enforcement function in relation to any offence or suspected offence by any person in relation to an application for a grant made under this scheme.

Commencement Information

I13 Reg. 15 in operation at 30.6.2024 with application in accordance with reg. 1(2)

Data processing and publishing N.I.

16.—(1) The Department may publish the following information about each grant given under this scheme—

(a) the name of the recipient of the grant;

(b) the amount of the grant; and

(c) the purpose for which the grant was given.

(2) The information specified in paragraph (1) must be published as soon as reasonably practicable after the payment of the grant in full.

Commencement Information

I14 Reg. 16 in operation at 30.6.2024 with application in accordance with reg. 1(2)

(1)

c.9 (N.I.); Article 4 was amended by 2003 c.21

(2)

EUR 2013/1380, Article 4 was amended by S.I. 2019/739.